If an application form is appropriate, decide whether you'll send one to every applicant, or only to those you choose to interview. If the latter, you can ask that the applicant complete the form at the time of the interview. If you feel that an application form is appropriate for all applicants, your job ad should indicate that and specify the procedure that should be followed to obtain, complete and submit the form.

You can get a wide variety of generic application forms from office supply stores, or you can create your own employment application form that focuses on specific information you require. Whatever route you choose, make sure that the form requires applicants to provide all the information that you'll need to conduct an interview, check references, and make an informed decision after an interview.

In some cases, it may be appropriate to ask an applicant to complete a form outlining his or her work history. There are many types of jobs where it would be unusual for applicants to have a resume. This request can be part of your applicant form package.

There are a number of things not to ask on a job application form. Some seem innocent enough, but they can expose you to charges of discrimination later on. Here are some areas to be aware of:

• Marital status and maiden name.
• Age. Ask only if it's necessary to comply with minimum age rules. Don't ask questions about, for example, dates of school attendance or graduation.
• Gender, race, citizenship, or birthplace. However, you may ask if you need to comply with affirmative action obligations.
• Criminal record. You can ask about convictions to protect against negligent hiring claims, but don't ask about arrests. If the application asks about convictions, it should also contain a statement indicating that a conviction alone won't prevent hiring, unless state law bars convicts from holding the job being filled.
• Children. It's permissible to ask about child care arrangements on the grounds of considering availability and reliability. However, it's better to ask this during the interview to minimize the risk of discrimination charges. Ask men as well as women.
• Disability, health, or workers' compensation history.
• Credit information. Ask for credit information only if there's a relationship to the job, such as a teller or cashier.
• Type of military discharge.

If you're using a job application, you can use it to minimize potential liability. The application form should include:

• an information release that gives you permission to check references
• an employment-at-will statement to avoid creating an implied employment contract
• a false information statement indicating that an employee may be terminated if it turns out that any information on the form is false
• notice that the applicant will have to provide proof of identify and legal work authorization
• a statement indicating that all application information will be kept confidential
• notice that drug or alcohol testing is a pre-hire requirement. Note that many states regulate drug and alcohol testing, with some states requiring testing for certain types of positions. Refer to the map at the end of this document for state drug and alcohol testing rules.

If you request other information in addition to the application form, such as writing samples, or copies of work from an applicant's portfolio, be sure to indicate whether you'll return these items. You don't want to be responsible for throwing out the original copy of a writer's or artist's work.

Select a state from the map below to get information on that state's drug and alcohol testing laws:

Drug and Alcohol Testing in Alaska    choose another state

An employer may only carry out the testing or retesting for the presence or evidence of use of drugs or alcohol after adopting a written policy for the testing and retesting and informing employees of the policy. The employer may inform employees by distributing a copy of the policy to each employee subject to testing or making the policy available to employees in the same manner as the employer informs its employees of other personnel practices, including inclusion in a personnel handbook or manual or posting in a place accessible to employees. The employer must inform prospective employees that they must undergo drug testing. The written policy on drug and alcohol testing must include, at a minimum: a statement of the employer's policy respecting drug and alcohol use by employees a description of those employees or prospective employees who are subject to testing the circumstances under which testing may be required the substances as to which testing may be required a description of the testing methods and collection procedures to be used, including an employee's right to a confirmatory drug test to be reviewed by a licensed physician or doctor of osteopathy after an initial positive drug test result the consequences of a refusal to participate in the testing any adverse personnel action that may be taken based on the testing procedure or results the right of an employee, on the employee's request, to obtain the written test results and the obligation of the employer to provide written test results to the employee within five working days after a written request to do so, so long as the written request is made within six months after the date of the test the right of an employee, on the employee's request, to explain in a confidential setting, a positive result; if the employee requests in writing an opportunity to explain the positive test result within 10 working days after the employee is notified of the test result, the employer must provide an opportunity, in a confidential setting, within 72 hours after receiving the employee's written notice, or before taking adverse employment action a statement of the employer's policy regarding the confidentiality of the test results. The employer's policy may provide for testing in the course of investigations, upon reasonable suspicion of drug or alcohol use that adversely affects job performance or the work environment, and/or random testing of employees or groups of employees.

Drug and Alcohol Testing in Alabama    choose another state

Although such programs are not mandatory, employers may elect to have a drug-free workplace program, and doing so may qualify the employer for a five-percent premium discount on workers' compensation insurance. Employer's policies can include testing of all job applicants, testing of all applicants for certain classes of jobs, random drug testing, testing upon reasonable suspicion, testing as part of routine medical examinations, or testing as a follow-up to employee assistance programs unless the employee entered the program voluntarily entered the program. If the employer has a program and an employee has caused or contributed to an on-the-job injury that resulted in a loss of work time, the employer must require the employee to submit to a substance abuse test. Notice of testing.--Prior to testing, all employees and job applicants for employment must be given a onetime notice of testing. In addition, all employees must be given a written policy statement from the employer . Newly implemented programs.--An employer not having a substance abuse testing program in effect on July 1, 1996, must ensure that at least 60 days elapse between a general one-time notice to all employees that a substance abuse testing program is being implemented and the beginning of the actual testing. An employer having a substance abuse testing program in place prior to July 1, 1996, will not be required to provide a 60-day notice period . A drug-free workplace program must contain all the following elements: (1) a written policy statement (2) substance abuse testing (3) resources of employee assistance providers (4) employee education (5) supervisor training Compliance.--All testing conducted by an employer must be in conformity with the standards and procedures established in Alabama's drug-free workplace program law and all applicable rules adopted by the State Department of Industrial Relations, including confidentiality standards. Hair Samples.--Hair sample drug testing is permitted if done in accordance with the state's guidelines for hair specimen collection. Hair testing drug policies must apply to all similarly situated applicants or employees regardless of position or classification. Additional testing is allowed on some but not all similarly situated employees if an employer has a rational basis for doing so. Vacancy announcements.--An employer must include notice of substance abuse testing on vacancy announcements for those positions for which testing is required. Notice in the workplace.--A notice of the employer's substance abuse testing policy must also be posted in an appropriate and conspicuous location on the employer's premises.

Drug and Alcohol Testing in Arkansas    choose another state

If an Arkansas employer implements a drug-free workplace program that includes required notice, education and procedural requirements for testing for drugs and alcohol, the employer may require an employee to submit to a test for the presence of drugs or alcohol. If a drug or alcohol is found to be present in the employee's system at a level prescribed by statute or by rule, the employee may be terminated and forfeits eligibility for workers' compensation medical and indemnity benefits. A drug-free workplace program must require the covered employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in the employee's body. If an injured employee refuses to submit to a test for drugs or alcohol, the employee forfeits eligibility for workers' compensation medical and indemnity benefits. In the event of termination, an employee is entitled to contest the test results before the Department of Labor. Sixty days must elapse between a general one-time notice to all employees that an employer is instituting a drug and alcohol testing program and the effective date of the program. In addition, notice of drug and alcohol testing must be included on vacancy announcements for positions for which drug and alcohol testing is required. Notice of an employer's drug and alcohol testing policy must also be posted in an appropriate and conspicuous location on the covered employer's premises and copies of the policy must be made available for inspection by employees or job applicants during regular business hours in the employer's personnel office or other suitable location. Employers who implement a drug-free workplace policy will receive a credit of at least five percent against its workers' compensation premium charge.

Drug and Alcohol Testing in Arizona    choose another state

In Arizona, within the terms of a written policy, an employer may require the collection and testing of samples for any job-related purposes consistent with business necessity including: investigation of possible individual employee impairment. investigation of accidents in the workplace. Employees may be required to undergo drug testing or alcohol impairment testing for accidents if the test is taken as soon as practicable after an accident and the test is administered to employees whom the employer reasonably believes may have contributed to the accident. maintenance of safety for employees, customers, clients or the public at large. maintenance of productivity, quality of products or services or security of property or information. reasonable suspicion that an employee may be affected by the use of drugs or alcohol and that the use may adversely affect the job performance or work environment. Employees or groups of employees may be required to undergo drug testing on a random or chance basis. Testing or retesting for the presence of drugs or alcohol by employers must be carried out within the terms of the employer's written drug and alcohol testing policy that has been distributed to every employee subject to testing or that has been made available to employee in the same manner as the employer informs employees of other personnel practices, including inclusion in a personnel handbook or manual or posting in a place accessible to employees. Prospective employees must be informed that as employees they must undergo drug testing. An employer may take adverse employment action based on a positive drug or alcohol impairment test, or on the refusal of an employee or prospective employee to provide a sample.

Drug and Alcohol Testing in California    choose another state

California law contains no general provision related to drug/alcohol testing, but it does have a drug-free workplace law that applies to government contractors. California law requires drug testing of school transportation vehicle drivers.

Drug and Alcohol Testing in Colorado    choose another state

Colorado law contains no general provision related to drug/alcohol testing.

Drug and Alcohol Testing in Connecticut    choose another state

Job applicants. No employer may require a prospective employee to submit to a urinalysis drug test as part of its job application procedure unless: The applicant is informed in writing at the time of application of the employer's intent to conduct a urinalysis drug test; The test is conducted in accordance with established procedures; and The applicant is given a copy of any positive urinalysis test result, but the result is not disclosed by the employer or its employees to anyone other than the applicant. Employees. Generally, for employees, random testing is not permitted but testing may be done upon reasonable suspicion of being under the influence. There is an exception for employees in safety-sensitive positions and those participating in an employee assistance program. An employee who left employment and is currently being rehired by the same employer within 12 months of termination is excluded from the category of prospective employees. Such persons are considered employees for purposes of the state's drug testing law.

Drug and Alcohol Testing in District of Columbia    choose another state

District of Columbia law contains no general provision related to drug/alcohol testing.

Drug and Alcohol Testing in Delaware    choose another state

Delaware law contains no general provision related to drug/alcohol testing. The state does have drug testing laws that apply to school bus drivers, Department of Corrections employees, and nursing home employees.

Drug and Alcohol Testing in Florida    choose another state

Florida's drug-testing law is contained within its workers' compensation law — a law covering employers of four or more, except in the construction industry where the law covers employers of one or more. Under the law employers may voluntarily implement drug-free workplace programs designed to lessen the frequency and severity of work-related injuries. If an employer implements a drug-free workplace program that includes notice, education and testing for drugs and alcohol following the rules for testing developed by the Workers' Compensation Division, the employer may require that an employee submit to a test for the presence of drugs or alcohol and, if a drug or alcohol is found to be present in the employee's system at (or above) a level prescribed by law, the employee may be terminated and forfeits eligibility for medical and indemnity benefits. In addition, the employer is eligible for reduced workers' compensation rates. To qualify for reduced rates, an employer's policy must provide for testing of all job applicants, reasonable suspicion drug tests, and follow-up-tests for those participating in employee assistance programs unless the employee voluntarily entered the program. It may also provide for routine fitness-for-duty medical exams, including drug testing. A private employer may conduct random testing, or any other lawful testing, of employees for drugs.

Drug and Alcohol Testing in Georgia    choose another state

Employers do not have a legal duty to request an employee or applicant to undergo drug testing under the provisions of Georgia's drug-free workplace program law. However, if an employer requires or requests an employee or applicant to undergo testing, compliance with all of the applicable rules adopted by the State Board of Workers' Compensation is required. Insurance discount.--Provided the procedures mentioned here are followed, employers implementing a drug-free workplace program qualify for certification for a five-percent premium discount under their workers' compensation insurance policy A drug-free workplace program must contain the following elements: a written policy statement substance abuse testing resources of employee assistance providers employee education supervisor training Additionally, a drug-free workplace program must be implemented in compliance with the confidentiality standards provided in the law. Random testing.--Under Georgia's drug-free workplace programs law, a private employer is not prohibited from conducting random testing or other lawful testing of employees. Authorized testing.--Under Georgia's drug-free workplace program law, an employer may conduct the following types of tests in order to qualify for workers' compensation insurance premium discounts: testing of all job applicants, or all applicants for certain classes of jobs; reasonable suspicion drug tests; tests after a workplace injury or accident; and follow-up-tests for those participating in employee assistance programs. It may also provide for routine fitness-for-duty medical exams, including drug testing. Employee assistance programs.--If an employer has an employee assistance program, the employer must inform the employee of the benefits and services of the program. In addition, the employer must provide the employee with notice of the policies and procedures regarding access to and utilization of the program. If an employer does not have an employee assistance program, the employer must maintain a resource file of providers of other employee assistance, including drug and alcohol abuse programs, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems, and must notify the employee of the availability of this resource file. In addition, the employer must post in a conspicuous place a listing of providers of employee assistance in the area.

Drug and Alcohol Testing in Hawaii    choose another state

No third party may require, request, or suggest that any individual submit to a substance abuse test that does not meet all the requirements of Hawaii's drug testing law, except for third parties who are covered by any drug testing regulation promulgated by the Hawaii Department of Transportation or the U.S. Department of Transportation or any other federal agencies. All costs, including confirmatory testing costs, are to be paid for by the third party.

Drug and Alcohol Testing in Iowa    choose another state

Employers may conduct drug or alcohol testing as provided below: Employers may conduct unannounced drug or alcohol testing of employees who are selected at random; during, and after completion of, drug or alcohol rehabilitation; upon reasonable suspicion; of prospective employees; as required by federal law or regulation or by law enforcement; or in investigating accidents in the workplace in which the accident resulted in an injury to a person for which injury, if suffered by an employee, a record or report could be required under Iowa's occupational safety and health law, or resulted in damage to property, including to equipment, in an amount reasonably estimated at the time of the accident to exceed $1,000. Upon receipt of a confirmed positive drug or alcohol test result that indicates a violation of the employer's written policy, or upon the refusal of an employee or prospective employee to provide a testing sample, an employer may use that test result or test refusal as a valid basis for disciplinary or rehabilitative actions pursuant to the requirements of the employer's written policy and the requirements of Iowa's drug testing law. A confirmed positive test result means, except for alcohol testing, the results of a blood, urine, or oral fluid test in which the level of controlled substances or metabolites in the specimen analyzed meets or exceeds nationally accepted standards for determining detectable levels of controlled substances as adopted by the federal substance abuse and health services administration. If nationally accepted standards for oral fluid tests have not been adopted, the standards for determining detectable levels of controlled substances for purposes of determining a confirmed positive test result will be the same standard that has been established by the FDA for the measuring instrument used to perform the oral fluid test. A sample means a sample from the human body capable of revealing the presence of alcohol or other drugs, or their metabolites, which include only urine, saliva, breath and blood. Drug or alcohol testing or retesting by an employer must be carried out within the terms of a written policy that has been provided to every employee subject to testing, and is available for review by employees and prospective employees. The employer's written policy must provide uniform requirements for what disciplinary or rehabilitative actions an employer will take against an employee or prospective employee upon receipt of a confirmed positive drug or alcohol test result or upon the refusal of the employee or prospective employee to provide a testing sample. The policy must provide that any action taken against an employee or prospective employee will be based only on the results of the drug or alcohol test. The written policy must also provide that if rehabilitation is required as provided by law, the employer may not take adverse employment action against the employee so long as the employee complies with the requirements of rehabilitation and successfully completes rehabilitation . Awareness program.--Employers must establish an awareness program to inform employees of the dangers of drug and alcohol use in the workplace and comply with certain requirements in order to conduct drug or alcohol testing. In order to conduct drug or alcohol testing, an employer must require supervisory personnel of the employer involved with drug or alcohol testing to attend a minimum of two hours of initial training and to attend on an annual basis thereafter, a minimum of one hour of subsequent training. The training must include, but is not limited to, information concerning the recognition of evidence of employee alcohol and other drug abuse, the documentation and corroboration of employee alcohol and other drug abuse, and the referral of employees who abuse alcohol or other drugs to the employee assistance program or to the resource file of employee assistance services providers. Recordkeeping. An employee, or a prospective employee, who is the subject of a drug or alcohol test conducted under Iowa's drug testing law pursuant to an employer's written policy and for whom a confirmed positive test result is reported must, upon written request, have access to any records relating to the employee's drug or alcohol test, including records of the lab where the testing was conducted and any records relating to the results of any relevant certification or review by a medical review officer. However, a prospective employee is entitled to records only if he or she requests them within 15 calendar days from the date the employer provided the prospective employee written notice of the results of a drug or alcohol test. Posting. If an employer has an employee assistance program, the employer must post notice of the EAP in conspicuous places. If an employer does not have an EAP, it must post in conspicuous places a listing of multiple employee assistance providers in the area.

Drug and Alcohol Testing in Idaho    choose another state

The Idaho Private Employer Alcohol and Drug-Free Workplace Act establishes voluntary drug and alcohol testing guidelines for private employers, although the state of Idaho and its political subdivisions may also conduct drug and alcohol testing of employees under the law. It is lawful for a private employer to test employees or prospective employees for the presence of drugs or alcohol as a condition of hiring or continued employment, provided the testing requirements and procedures are in compliance with the Americans with Disabilities Act. For each policy of worker's compensation insurance issued or renewed in Idaho on or after July 1, 1999, a reduction in the premium for the policy may be granted if the insurer determines the insured has established and maintains an alcohol and drug-free workplace program that complies with the requirements of the Idaho Private Employer Alcohol and Drug-Free Workplace Act. Any testing for the presence of drugs or alcohol by a private employer must be carried out within the terms of a written policy that has been communicated to affected employees, and is available for review by prospective employees. The private employer must list the types of tests an employee may be subject to in its written policy, which may include, but are not limited to, the following: baseline; preemployment; post-accident; random; return to duty; follow-up; and reasonable suspicion. Any employee or prospective employee who tests positive for drugs or alcohol must be given written notice of that test result, including the type of substance involved, by the private employer.

Drug and Alcohol Testing in Illinois    choose another state

It is not a violation of the Illinois Human Rights Act for an employer to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual is no longer engaging in the illegal use of drugs. An employer has the right to: prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees; require that employees not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace; require that employees behave in conformance with the requirements established under the federal Drug-Free Workplace Act of 1988 and the state Drug Free Workplace Act (the state act applies to employers holding a government contract or grant of $5,000 or more, or having at least 25 employees): hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such employer holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and require that, with respect to federal regulations regarding alcohol and the illegal use of drugs: (a) employees comply with the standards established in such regulations of the United States Department of Defense, if the employees of the employer are employed in an industry subject to such regulations; (b) employees comply with the standards established in such regulations of the Nuclear Regulatory Commission, if the employees of the employer are employed in an industry subject to such regulations; and (c) employees comply with the standards established in such regulations of the United States Department of Transportation, if the employees of the employer are employed in a transportation industry subject to such regulations. Interaction with disability antidiscrimination law. Under the Illinois Human Rights Act, the term "handicap" cannot be applied to include any employee or applicant currently engaging in the illegal use of drugs, when an employer acts on the basis of such use. The above does not apply to circumstances where an employee or applicant for employment: (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use. Medical exams. For purposes of Illinois' drug testing law, a test to determine the illegal use of drugs cannot be considered a medical examination. Nothing may be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results.

Drug and Alcohol Testing in Indiana    choose another state

In Indiana, a person, employer, employment agency, labor organization or joint labor-management committee may adopt or administer reasonable drug testing policies or procedures designed to ensure that an individual who has successfully completed a supervised drug rehabilitation program or who has otherwise been rehabilitated successfully or who is participating in a supervised rehabilitation program is no longer engaging in the illegal use of drugs. An employer, employment agency, labor organization or joint labor-management committee may do the following: prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees. require that employees not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace. require that employees behave in conformance with the requirements established under the federal Drug-Free Workplace Act of 1988. hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that the entity holds other employees, even if the unsatisfactory job performance or behavior is related to the drug use or alcoholism of the employee. with respect to federal regulations regarding alcohol and the illegal use of drugs, require that employees comply with the standards established in the regulations of the United States Department of Defense, Nuclear Regulatory Commission or Department of Transportation, if the employees of the covered entity are employed in an industry subject to those regulations, including complying with regulations, if any, that apply to employment in sensitive positions in the industry, in the case of employees of the covered entity who are employed in those positions.

Drug and Alcohol Testing in Kansas    choose another state

Kansas law contains no general provision related to drug/alcohol testing. Only public employers are covered by Kansas' drug testing law.

Drug and Alcohol Testing in Kentucky    choose another state

Kentucky law contains no general provision related to drug/alcohol testing. However, it is a misdemeanor offense for a person to use a product to alter the results of a test designed to detect the presence of alcohol or a controlled substance in that person. Effective July 12, 2006, Kentucky law requires pre-certification testing of miners as well as post-accident testing.

Drug and Alcohol Testing in Louisiana    choose another state

Except in preemployment drug screening, the results of an initial screening drug test may not be used as a basis for rendering permanent mandatory or discretionary consequences to the individual submitting the specimen. Drug test results must be reported directly from a certified laboratory to a qualified medical review officer. Confirmed positive tests in preemployment drug testing may be reviewed by the medical review officer. If the employer chooses not to confirm a positive test result of a preemployment drug screen test, the employer must notify the preemployment applicant of the positive drug screen result and must offer the applicant the opportunity to pay for confirmation of that test and a review of that confirmation test by a medical review officer. The medical review officer must review all confirmed positive drug testing results of employees and report such results to the employer in compliance with the Substance Abuse and Mental Health Services Administration guidelines or pursuant to statutory or regulatory authority. Access to records. Any employee with a confirmed positive drug test result, upon written request, has the right of access within seven working days to records relating to drug tests and any records relating to the results of any relevant certification, review, or suspension/revocation-of-certification proceedings. Rehabilitation. Employers may, but are not required to, afford an employee whose drug test is certified positive by the medical review officer the opportunity to undergo rehabilitation without termination of employment . Withholding. Louisiana allows employers to withhold from the wages of an employee the costs of preemployment medical exams and drug tests. The employee must sign a contract which fully explains the employer's right of reimbursement and authorizing the withholding if the employee resigns within 90 working days.

Drug and Alcohol Testing in Massachusetts    choose another state

Massachusetts law contains no general provision related to drug/alcohol testing.

Drug and Alcohol Testing in Maryland    choose another state

Maryland's general drug testing law applies to job-related alcohol and controlled dangerous substance testing of any person, including preemployment applicants, employees, and contractors. Certain motor vehicle drivers are covered under Maryland's transportation law. There is also an alcohol- and drug-free workplace program law that applies to marine facilities workers in the state. Under Maryland's general drug testing law, employers requiring testing for job-related use or abuse of any controlled dangerous substance or alcohol must: have the specimen tested by a laboratory that holds the required permit or, for a lab located outside of Maryland, that is certified or otherwise approved; and at the time of testing, at the person's request, inform the person of the name and address of the laboratory that will test the specimen. An employer who requires any person to be tested for job-related reasons for the use or abuse of any controlled dangerous substance may use hair derived from the human body as a specimen only for preemployment purposes, and if an employer uses hair as a specimen, the employer may not (1) use a specimen that is longer than one and one-half inches measured from the human body; or (2) use the specimen for any purpose other than testing for controlled dangerous substances. Saliva may be used for employment-related substance abuse testing. Positive test results. Under Maryland's general drug testing law, an employer who requires any employee, contractor, or other person to be tested for job-related reasons for the use or abuse of any controlled dangerous substance or alcohol and who receives notice that an employee, contractor, or other person has tested positive for the use or abuse of any controlled dangerous substance or alcohol must, after confirmation of the test result, provide the employee, contractor, or other person with: a copy of the laboratory test indicating the test results; a copy of the employer's written policy on the use or abuse of controlled dangerous substances or alcohol by employees, contractors, or other persons; if applicable, written notice of the employer's intent to take disciplinary action, terminate employment, or change the conditions of continued employment; and a statement or copy of the statutory provisions permitting an employee to request independent testing of the same sample for verification of the test result. The information required to be provided to the employee, contractor, or other person must be delivered to the employee, contractor, or other person either in person or by certified mail and within 30 days from the date the test was performed.

Drug and Alcohol Testing in Maine    choose another state

Employers are not required to conduct substance abuse testing of employees or applicants, but may choose to do so in accordance with Maine's drug testing law. Supplemental policies may be established, provided such policies are not inconsistent with Maine's drug testing law. Maine's drug testing law does not prevent an employer from establishing rules related to the possession or use of substances of abuse by employees, including convictions for drug-related offenses, and taking action based upon a violation of any of those rules, except when a substance abuse test is required, requested or suggested by the employer or used as the basis for any disciplinary action. Applicant testing. An employer may require, request or suggest that an applicant submit to a substance abuse test only if: the applicant has been offered employment with the employer; or the applicant has been offered a position on a roster of eligibility from which applicants will be selected for employment. The number of persons on this roster of eligibility may not exceed the number of applicants hired by that employer in the preceding six months. The offer of employment or offer of a position on a roster of eligibility may be conditioned on the applicant receiving a negative test result. Probable cause. An employer may require, request or suggest that an employee submit to a substance abuse test if the employer has probable cause to test the employee. Only the employee's immediate supervisor, other supervisory personnel, a licensed physician or nurse, or the employer's security personnel have the authority to make a determination of probable cause. The supervisor or other person must state, in writing, the facts upon which this determination is based and provide a copy of the statement to the employee. Random testing. In addition to testing employees on a probable cause basis, an employer may require, request or suggest that an employee submit to a substance abuse test on a random or arbitrary basis if at least one of the following conditions is met: the employer and the employee have bargained for provisions in a collective bargaining agreement that provide for random or arbitrary testing of employees; or the employee works in a position the nature of which would create an unreasonable threat to the health or safety of the public or the employee's co-workers if the employee were under the influence of a substance of abuse. Testing during rehabilitation. While the employee is participating in a substance abuse rehabilitation program either as a result of voluntary contact with or mandatory referral to the employer's employee assistance program or after a confirmed positive test result, substance abuse testing may be conducted by the rehabilitation or treatment provider as required, requested or suggested by that provider. Substance abuse testing conducted as part of such a rehabilitation or treatment program is not subject to Maine's drug testing law provisions, however, and the results of any substance abuse test administered to an employee as part of such a rehabilitation or treatment program may not be released to the employer. Return to work. If an employee who has received a confirmed positive result returns to work with the same employer, whether or not the employee has participated in a rehabilitation program, the employer may require, request or suggest that the employee submit to a subsequent substance abuse test anytime between 90 days and one year after the date of the employee's prior test. Employee assistance programs. Before establishing any substance abuse testing program for employees, an employer with over 20 full-time employees must have a functioning employee assistance program. Employers may meet this requirement by participating in a cooperative employee assistance program that serves the employees of more than one employer. Employee assistance programs must be certified by the Office of Substance Abuse. Notice. Employers must provide employees with a copy of their written drug testing policy at least 30 days before any portion of the written policy applicable to employees takes effect. The employer must provide each employee with a copy of any change in a written policy at least 60 days before any portion of the change applicable to employees takes effect. The Department of Labor may waive the 60-day notice for the implementation of an amendment covering employees if the amendment was necessary to comply with law or if, in the judgment of the department, the amendment promotes the purpose of the law and does not lessen the protection of an individual employee. If an employer intends to test an applicant, the employer must provide the applicant with a copy of the written policy before administering a substance abuse test to the applicant. The 30-day and 60-day notice periods provided for employees under Maine's drug testing law do not apply to applicants. Effective June 29, 2005, a person who performs a point of collection screening test or confirmation test may release the results of the test only under certain conditions.

Drug and Alcohol Testing in Michigan    choose another state

Michigan law contains no general provision related to drug/alcohol testing.

Drug and Alcohol Testing in Minnesota    choose another state

Private and public sector employers in Minnesota may not request or require an employee or job applicant to undergo drug and alcohol testing except as authorized by law. In addition, the law requires that testing be conducted by a testing laboratory that is licensed, accredited or certified pursuant to law and that testing not be done on an arbitrary and capricious basis. Before requesting an employee or job applicant to undergo drug or alcohol testing, an employer must provide the employee or job applicant with a form, developed by the employer, on which to acknowledge that the employee or job applicant has seen the employer's drug and alcohol testing policy. Applicant testing.--If a job applicant has received a job offer made contingent on the applicant passing drug and alcohol testing, the employer may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirmatory test . Employee testing; positive results.--An employer may not discharge, discipline, discriminate against, or request or require rehabilitation of an employee on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. Additionally, an employer may not discharge an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested by the employer unless the following conditions have been met: (1) The employer has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the employer after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency; and (2) The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program. Effective June 2, 2005, Minnesota employers can request or require employees to undergo drug and alcohol testing on a random selection basis only if the employees are employed in safety-sensitive positions or if they are employed as professional athletes subject to a collective bargaining agreement permitting random testing. Temporary suspension.--An employer may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of a confirmatory test and, if requested, a confirmatory retest, provided the employer believes that it is reasonably necessary to protect the health or safety of the employee, coemployees, or the public. An employee who has been suspended without pay must be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative.

Drug and Alcohol Testing in Missouri    choose another state

Missouri law on drug/alcohol testing applies only to school bus drivers.

Drug and Alcohol Testing in Mississippi    choose another state

Employers are authorized to conduct the following types of drug and alcohol tests: (1) Employers may require job applicants to submit to a drug and alcohol test as a condition of the employment application and may use a refusal to submit to a test or positive confirmed test result as a basis for refusal to hire. (2) An employer may require all employees to submit to reasonable suspicion drug and alcohol testing. There is created a rebuttable presumption that the employer had reasonable suspicion to test for drugs if the specimen provided by the employee tested positive for drugs in a confirmatory drug test. (3) An employer may require all employees to submit to neutral selection drug and alcohol testing. An employer may require an employee to submit to neutral selection or routine drug and alcohol tests if the employee in the course of employment enters a drug abuse rehabilitation program, and as a follow-up to such rehabilitation, or if previous drug and alcohol testing of the employee within a 12-month period resulted in a positive confirmed test result, or the drug and alcohol test is conducted in accordance with the terms of an applicable collective bargaining agreement or contract that permits the employer to administer drug and alcohol tests on a neutral selection or routine basis. Action upon test results. Within five working days after receipt of a positive confirmed test result report from the testing laboratory, an employer must, in writing, inform an employee of such positive test result and inform the employee in writing of the consequences of such a report and the options available. An employer may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee on the basis of a positive test result that has not been verified by a confirmatory test. An employer may temporarily suspend or transfer an employee to another position after obtaining the results of a positive on-site initial test. An employer may discharge an employee after obtaining the results of a positive confirmed test. Workers' compensation premium reduction. For each policy of workers' compensation insurance issued or renewed in Mississippi on or after July 1, 1997, a five-percent reduction in the premium for such policy may be granted by the insurer if the insured certifies that it has established and maintains a drug-free workplace program that complies with the requirements set forth below. A drug-free workplace program must contain the following elements: written policy statement (see below); compliance with the substance abuse testing procedures as provided by law, if testing is initiated by the employer; resources of employee assistance providers or other rehabilitation resources; employee education; supervisor training. Notice requirements. An employer who conducts job applicant drug and alcohol testing must notify the applicant, in writing, upon application and prior to the collection of the specimen for the drug and alcohol test, that the applicant may be tested for the presence of drugs or their metabolites. An employer must post notice of its drug testing policy in an appropriate and conspicuous location on the employer's premises.

Drug and Alcohol Testing in Montana    choose another state

Each of the following activities is permissible in the implementation of a qualified drug or alcohol testing program: Applicant testing: An employer may test any prospective employee as a condition of hire. Random testing: An employer may use random testing if the employer's controlled substance and alcohol policy includes one or both of the following procedures: (a) an employer or an employer's representative may establish a date when all salaried and wage-earning employees will be required to undergo controlled substance or alcohol tests, or both; (b) An employer may manage or contract with a third party to establish and administer a random testing process. Follow-up testing: An employer may require an employee to submit to follow-up tests if the employee has had a verified positive test for a controlled substance or for alcohol. Reasonable suspicion testing: An employer may require an employee to be tested for controlled substances or alcohol if the employer has reason to suspect that an employee's faculties are impaired on the job as a result of the use of a controlled substance or alcohol consumption. Post-accident testing: An employer may require an employee to be tested for controlled substances or alcohol if the employer has reason to believe that the employee's act or failure to act is a direct or proximate cause of a work-related accident that has caused death or personal injury or property damage in excess of $1,500. Procedure.--An employer must provide an employee who has been tested under any qualified testing program described above with a copy of the test report. The employer is also required to obtain, at the employee's request, an additional test of the urine split sample by an independent lab selected by the person tested. The employer must pay for the additional tests if the additional test results are negative, and the employee must pay for them if the additional test results are positive. The employee must be provided the opportunity to rebut or explain the results of any test. No adverse action, including follow-up testing, may be taken by an employer if an employee presents a reasonable explanation or medical opinion indicating that the original test results were not caused by illegal use of controlled substances or by alcohol consumption. If the employee presents a reasonable explanation or medical opinion, the test results must be removed from the employee's record and destroyed. Qualified testing programs must meet other procedural requirements imposed by the law. Effective October 1, 2005, the definition of a sample in Montana's Workforce Drug and Alcohol Testing Act is revised to include a urine specimen, a breath test, or oral fluid obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of drug testing that is used to determine the presence of a controlled substance or alcohol. Testing procedures for samples covered by federal regulations must conform to those federal regulations. For samples not covered by federal regulations, the qualified testing program must contain a chain of custody and other procedural requirements that are at least as stringent as the requirements under federal regulations and testing methodology must be cleared by the federal Food and Drug Administration.

Drug and Alcohol Testing in North Carolina    choose another state

A public or private employer in North Carolina that requests or requires an employee to submit to a controlled substance examination must comply with the procedural requirements of the law in collecting samples to be tested, in selecting the laboratory to be used to test the samples, in preserving samples (for at least 90 days from the time that the confirmed positive results of a test are mailed or delivered to the employer) and in maintaining a chain of custody with regard to each sample. However, no employer is, by virtue of this law, required to conduct controlled substance testing. Effective December 1, 2005, the employer of any employee who tests positive in a drug or alcohol test required under federal regulations shall notify the Department of Motor Vehicles in writing within five business days following the employer's receipt of confirmation of a positive test.

Drug and Alcohol Testing in North Dakota    choose another state

North Dakota's drug testing law applies to employers subject to the Worker's Compensation Act. Reasonable suspicion testing.--If an employer or doctor has reasonable grounds to suspect an employee's alleged work injury was caused by the employee's voluntary impairment caused by use of alcohol or illegal use of a controlled substance, the employer or doctor may request that the employee undergo testing to determine if the employee had alcohol or a controlled substance in the employee's system at levels greater than the limit set by the United States Department of Transportation at the time of the injury. If an employee refuses to submit to a reasonable request to undergo a test to determine if the employee was impaired, the employee forfeits all entitlement to workers' compensation benefits arising out of that injury.

Drug and Alcohol Testing in Nebraska    choose another state

A public or private sector employer of six or more in Nebraska may not use the results of any test performed on the body fluids or breath of an employee, as directed by that employer, to deny any continued employment or in any disciplinary or administrative action unless there has been a confirmed positive drug or alcohol test, performed by a licensed or accredited clinic, laboratory or hospital. Test samples must be preserved in sufficient quantity for retesting for a period of at least 180 days. Nothing in this law is to be construed as requiring that employers test employees for drug and alcohol use and this law is not to be considered as determinative of the cases or circumstances under which such tests may be given.

Drug and Alcohol Testing in New Hampshire    choose another state

New Hampshire law contains no general provision related to drug/alcohol testing.

Drug and Alcohol Testing in New Jersey    choose another state

New Jersey's drug testing law applies only to Boards of Education.

Drug and Alcohol Testing in New Mexico    choose another state

New Mexico's drug testing law applies only to government employees.

Drug and Alcohol Testing in Nevada    choose another state

Nevada's drug and alcohol testing law applies only to government employees.

Drug and Alcohol Testing in New York    choose another state

New York law contains no general provision related to drug/alcohol testing.

Drug and Alcohol Testing in Ohio    choose another state

Ohio's fair employment practices law does not prohibit an employer from adopting or administering reasonable policies or procedures, including, but not limited to, testing for the illegal use of any controlled substance, that are designed to ensure that an individual who has been successfully rehabilitated or who is participating in a supervised drug rehabilitation program is no longer engaging in the illegal use of a controlled substance. However, Ohio's drug testing law does not encourage, prohibit, or authorize, and must not be construed as encouraging, prohibiting or authorizing, the conduct of testing for the illegal use of any controlled substance by employees, applicants, or other persons, or the making of employment decisions based on the results of that type of testing.

Drug and Alcohol Testing in Oklahoma    choose another state

Oklahoma's Standards for Workplace Drug and Alcohol Testing Act does not require that employers conduct drug or alcohol testing, rather it states that employers that choose to conduct drug or alcohol testing must abide by its provisions. Exempt from the requirement that drug or alcohol testing be conducted according to state law is testing that is required by and conducted according to federal law or regulation. Further, collective bargaining agreements may provide greater protection for employees and job applicants than the protection provided by state law. Employers are authorized to conduct all of the types of tests that follow: testing of all job applicants upon a conditional offer of employment; testing upon reasonable suspicion that the employee has violated the employer's written policy; post-accident testing if the employer has a reasonable suspicion that there was injury or damage as a direct result of the employee's use of drugs or alcohol; random testing; routine physical exams if required of all employees in a classification or group under a written policy; follow-up testing without prior notice if the employee had a confirmed positive result or participated in a drug or alcohol dependency treatment program. No disciplinary action, except for a temporary suspension or a temporary transfer to another position, may be taken by an employer against an employee based on a positive test result unless the test result has been confirmed by a second test using gas chromatography, gas chromatography-mass spectroscopy, or an equivalent scientifically accepted method of equal or greater accuracy as approved by rule of the State Board of Health, at the cutoff levels determined by Board rule. An employer may take disciplinary action against an employee who refuses to undergo drug or alcohol testing Employee assistance programs. Employers may not require employees to submit to drug or alcohol testing unless the employer provides its employees with an employee assistance program, either in house or through a contracted program, that, at a minimum, provides drug and alcohol dependency evaluation and referral services for substance abuse counseling, treatment or rehabilitation. Notice. Employers implementing a drug or alcohol testing policy for the first time, or implementing policy changes, must provide at least 30 days' notice to employees prior to such implementation or changes. No employer may request or require an applicant or employee to undergo drug or alcohol testing unless the employer has first adopted a written, detailed policy setting forth the specifics of its drug or alcohol testing program. Effective November 1, 2005, "testing facility" means any person, including a laboratory, hospital, clinic or facility, either on or off the premises of the employer, which provides laboratory services to test for the presence of drug or alcohol in the human body.

Drug and Alcohol Testing in Oregon    choose another state

Tests used in Oregon to detect substance abuse must be performed in a licensed laboratory by qualified technical personnel. The results of this type of test are to be reported to the person who submitted the specimen (most likely the employer). All positive test results must be confirmed using a test designated by the Health Division for confirmatory testing. If any substance abuse testing is done outside of the state, the person who uses the out-of-state test has the burden of showing that the test was performed using procedures that meet or exceed Oregon testing standards.

Drug and Alcohol Testing in Pennsylvania    choose another state

Pennsylvania law contains no general provision related to drug/alcohol testing.

Drug and Alcohol Testing in Puerto Rico    choose another state

Employers in Puerto Rico may establish a testing program for the detection of controlled substances to promote the health and welfare of its employees, through random selection methods, chosen objectively. Employees or candidates for employment in Puerto Rico are required to submit to mandatory drug tests if they are working in the gunsmith business; controlling or driving a railroad train, a motor vehicle used to transport passengers regardless of its capacity, any motor vehicle used to haul cargo on any public road, or any vehicle used to transport passengers or cargo by air or water; security guards; or handling and controlling drugs and controlled substances, explosives, gases, dangerous, inflammable, radioactive, toxic, high voltage materials, or similar substances. Employers may require all other employees to submit to drug testing as a condition of continuing their employment under the following, among other, circumstances: when an accident occurs in the workplace, attributable to the employee, in connection with his or her functions and during working hours; when there is reasonable individualized suspicion that the employee is using controlled substances (the test must be performed within 24 hours); and as a pre-condition for recruitment and as part of a general physical/medical examination required from all candidates for employment. If an employee is admitted to a rehabilitation program in the course of his or her work, an employer may require the employee to submit to follow-up tests as needed.

Drug and Alcohol Testing in Rhode Island    choose another state

Applicant testing.--An employer may require a job applicant to submit to blood or urine testing if: (1) the job applicant has been given an offer of employment conditioned on the applicant's receiving a negative test result; (2) the applicant provides the test sample in private, outside the presence of any person; and (3) positive tests are confirmed by means of gas chromatography/mass spectrometry or technology recognized as being at least as scientifically accurate. Testing of employees. -- No employer in Rhode Island may, either orally or in writing, request, require or subject an employee to submit a sample of the employee's urine, blood or other bodily fluid or tissue for testing as a condition of continued employment. An employer may, however, require a specific employee to submit to such testing if the following requirements are met: The employer has reasonable grounds to believe, based on specific objective facts, that the employee's use of controlled substances is impairing the employee's ability to perform his or her job; The employee provides the test sample in private, outside the presence of any person; Testing is conducted in conjunction with a bona fide rehabilitation program; Positive test results are confirmed; The employer informs the employee that the employee has the opportunity to have the sample tested or evaluated by an independent testing facility at the employer's expense; and The employer provides the employee with a reasonable opportunity to rebut or explain the results. The employer has promulgated a drug abuse prevention policy that complies with requirements of Rhode Island's drug testing law. The employer keeps the results of any test confidential, except for disclosing the results of a "positive" test only to other employees with a job-related need to know, and to defend against any legal action brought by the employee against the employer. Nothing in this law prohibits drug testing that is required by federal law, so long as the testing procedure complies with all state law provisions that are not clearly inconsistent with the applicable federal law.

Drug and Alcohol Testing in South Carolina    choose another state

In South Carolina, an employer may establish a drug prevention program in the workplace pursuant to the provision establishing merit rating for workers' compensation insurance that provides a credit of at least five percent for an insured that has substance abuse prevention program, that will include: a substance abuse policy statement that balances the employer's respect for individuals with the need to maintain a safe, productive and drug-free environment. The intent of the policy is to help those who need it while sending a clear message that the illegal use of nonprescription controlled substances or the abuse of alcoholic beverages is incompatible with employment at the specified workplace; and notification to all employees of the drug prevention program and its policies at the time the program is established by the employer or at the time of hiring the employee, whichever is earlier. The testing procedure established by the insurer, employer or his designee, or approved by the director, must include a provision for random sampling of all persons who receive wages and compensation in any form from the employer and must provide for a second test to be administered within 30 minutes of the administration of the first test. Positive test results must be provided in writing to the employee within 24 hours of the time the employer receives the test results. Each employer must keep records of each test for up to one year. Confidential communications. All information, interviews, reports, statements, memoranda and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may be used or received in evidence, obtained in discovery or disclosed in any civil or administrative proceeding. Drug-free workplace. The state also has a drug-free workplace law that applies only to state contractors. Workers' compensation benefits. Insured employees who are discharged for cause are ineligible for workers' compensation benefits if the employer communicated a policy prohibiting the illegal use of drugs, the violation of which may result in termination, and the employee violates that policy. The employee violates the employer's policy if the employee fails to provide a specimen upon request from the employer or otherwise fails or refuses to cooperate by providing an adulterated specimen, or the worker provides a specimen of blood, hair or urine during a drug test administered on behalf of the employer, which tests positive for illegal drugs or legal drugs used unlawfully without a prescription.

Drug and Alcohol Testing in South Dakota    choose another state

Only law enforcement agencies are covered by South Dakota's law related to drug/alcohol testing.

Drug and Alcohol Testing in Tennessee    choose another state

Tennessee's drug-free workplace law applies to employers covered by the state's workers' compensation law who choose to maintain drug-free workplace programs and who include on the posted notice of policy a specific statement that the policy is being implemented pursuant to Tennessee's drug-free workplace law. If an employer implements a drug-free workplace program in accordance with Tennessee's drug-free workplace law that includes notice, education, and procedural requirements for testing for drugs and alcohol pursuant to rules developed by the Division of Workers' Compensation, the covered employer may require the employee to submit to a test for the presence of drugs or alcohol. If a drug or alcohol is found to be present in the employee's system at a level prescribed by statute or by rule adopted pursuant to Tennessee's drug-free workplace law, the employee may be terminated and forfeits eligibility for workers' compensation medical and indemnity benefits. Workers' compensation premium discounts. Also, an employer who establishes and maintains a drug-free workplace program under Tennessee's drug-free workplace law may qualify for workers' compensation premium discounts. Types of testing. To the extent permitted by law, a covered employer who establishes a drug-free workplace is required to conduct the following types of drug tests: Job applicant drug testing.--A covered employer must require job applicants to submit to a drug test and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire an applicant. Limited testing of applicants, only if it is based on a reasonable classification basis, is permissible in accordance with Division of Workers' Compensation rule. Reasonable suspicion drug testing.--A covered employer must require an employee to submit to reasonable suspicion drug testing. If testing is conducted based on reasonable suspicion, the covered employer must promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation must be given to the employee upon request, and the original documentation must be kept confidential by the employer, and must be retained by the employer for at least one year. Routine fitness-for-duty drug testing.--A covered employer must require an employee to submit to a drug test if the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the covered employer's established policy or that is scheduled routinely for all members of an employment classification or group. Follow-up drug testing.--If an employee in the course of employment enters an employee assistance program for drug-related problems, or a drug rehabilitation program, the covered employer must require the employee to submit to a drug test as a follow-up to such program, unless the employee voluntarily entered the program. In those cases, the covered employer has the option not to require follow-up testing. If such testing is required, it must be conducted at least once a year for a two-year period after completion of the program. Advance notice of a follow-up testing date must not be given to the employee to be tested. Post-accident testing.--After an accident that results in an injury, a covered employer may require the employee to submit to a drug test in accordance with Tennessee's drug-free workplace law. Tennessee's drug-free workplace law does not preclude an employer from conducting any lawful testing of employees for drugs. Discrimination. A covered employer may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer. Likewise, a covered employer may not discharge, discipline, or discriminate against an employee solely upon the employee's voluntarily seeking treatment for a drug-related problem, while under the employ of the covered employer, if the employee has not previously tested positive for drug use, entered an employee assistance program for drug-related problems, or entered a drug rehabilitation program . Employer protection. An employee or job applicant whose drug test result is confirmed as positive is not, by virtue of the result alone, deemed to have a "handicap" or "disability" as defined under federal, state, or local handicap and disability discrimination laws. A covered employer who discharges or disciplines an employee or refuses to hire a job applicant in compliance with Tennessee's drug-free workplace law is considered to have done so for cause. Nothing in Tennessee's drug-free workplace law may be construed to prevent a covered employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, and taking action based upon a violation of any of those rules. If an employee or job applicant refuses to submit to a drug test, the covered employer is not barred from discharging or disciplining the employee or from refusing to hire the job applicant Procedures. All specimen collection and testing for drugs under Tennessee's drug-free workplace law must be performed in accordance with the procedures provided for by the U.S. Department of Transportation rules for workplace drug and alcohol testing. Motor carrier employers. Effective September 1, 2005, employers of employees holding a commercial driver's license who are required to conduct drug and alcohol testing under federal safety regulations must report to the Department of Public Safety a valid positive result on a alcohol or drug test, a refusal to provide a specimen for an alcohol or drug test, or an adulterated, diluted, or substituted specimen.

Drug and Alcohol Testing in Texas    choose another state

Texas law contains no general provision related to drug/alcohol testing. However, employers with 15 or more employees who have workers' compensation insurance coverage must adopt a policy designed to eliminate drug abuse and its effects in the workplace. Employers must distribute a written copy of the policy to each employee.

Drug and Alcohol Testing in Utah    choose another state

It is not unlawful for a private sector employer in Utah to test employees or prospective employees for the presence of drugs or alcohol, in accordance with the provisions of the drug and alcohol testing law, as a condition of hiring or continued employment. However, employers and management in general must submit to the testing themselves on a periodic basis. Within the terms of a written policy, an employer may require the collection and testing of samples for the following purposes: investigation of possible individual employee impairment; investigation of accidents in the workplace or incidents of workplace theft; maintenance safety for employees or the general public; maintenance of productivity, quality of products or services, or security of property or information. Any drug or alcohol testing by an employer is to occur during or immediately after the regular work period of current employees and any time used for testing is to be considered work time for purposes of compensation and benefits. The employer must pay the cost of drug and alcohol testing, including the cost of transportation if testing is conducted at a place other than the workplace. Upon receipt of a verified or confirmed positive drug or alcohol test result that indicates a violation of the employer's written policy, or upon the refusal of an employee or prospective employee to provide a sample, an employer may use that test result or refusal as the basis for disciplinary or rehabilitative actions.

Drug and Alcohol Testing in Virginia    choose another state

Virginia has no general law dealing with drug testing in employment, but the state does have drug testing provisions for school bus drivers. Also, the workers' compensation law provides for premium discounts of up to 5 percent for employers with drug-free workplace programs that meet the requirements of the insurer. In addition, drug-free workplaces must be maintained by certain public contractors.

Drug and Alcohol Testing in Virgin Islands    choose another state

No information available.

Drug and Alcohol Testing in Vermont    choose another state

Applicant testing. An employer cannot, as a condition of employment, require an applicant to submit to drug testing, administer such a test, or request or require an applicant to consent to any practice prohibited under Vermont's drug testing law unless all of the following conditions are met: The applicant has been given an offer of employment conditioned on the applicant receiving a negative test result. A conditional offer of employment is not necessary if the applicant resides more than 200 air miles from the place the applicant is to be tested. The test is given not less than 10 days from the date the applicant received written notice. The notice must list the drugs to be tested. The notice must also state that therapeutic levels of prescription drugs tested will not be reported. The notice may not be waived by the applicant. The drug test is given as part of or in conjunction with a comprehensive physical examination, but the test and examination need not be taken or administered at the same time. The drug test is administered in accordance with other procedures specified in the law. Employee testing. An employer cannot, as a condition of employment, promotion or change of status of employment, or as an expressed or implied condition of a benefit or privilege of employment, require an employee to submit to drug testing, administer such a test, or request or require an employee to consent to any practice prohibited under Vermont's drug testing law unless all of the following conditions are met: The employer or an agent of the employer has probable cause to believe the employee is using or is under the influence of a drug on the job. The employer has available for the employee tested a bona fide rehabilitation program for alcohol or drug abuse and such program is provided by the employer or is available to the extent provided by a policy of health insurance or under contract by a nonprofit hospital service corporation. The employee may not be terminated if the test result is positive and the employee agrees to participate in and then successfully completes the employee assistance program. However, the employee may be suspended only for the period of time necessary to complete the program, but in no event longer than three months. The employee may be terminated if, after completion of an employee assistance program, the employer subsequently administers a drug test and the test result is positive. The drug test is administered in accordance with certain procedures under the law. An employer cannot request, require or conduct random or company-wide drug tests except when such testing is required by federal law or regulation. Blood samples. An employer cannot request or require that a blood sample be drawn for the purpose of administering a drug test. Selection of laboratory. The employer's procedure for drug testing must incorporate all provisions of the drug testing law, including using only laboratories designated by the Department of Health. Policies. The employer must provide all persons tested for drugs with a written policy that identifies the circumstances under which persons may be required to submit to drug tests, the particular test procedures, the drugs that will be screened, a statement that over-the-counter medications and other substances may result in a positive test and the consequences of a positive test result.

Drug and Alcohol Testing in Washington    choose another state

Washington's drug-free workplace law does not require employers to implement drug-free workplace programs or drug testing programs. Rather, it provides that employers, other than self-insured employers, implementing a drug-free workplace program will qualify for a 5 percent workers' compensation premium discount under the state's workers' compensation law. A drug-free workplace program must meet certain confidentiality standards, and must contain all of the following elements: a written policy statement in compliance with the law substance abuse testing an employee assistance program employee education supervisor training Employers may conduct random tests, or test on a reasonable-suspicion basis. An employer with a drug-free workplace program must investigate each workplace injury that results in a worker needing off-site medical attention and require the employee to submit to drug and alcohol tests if the employer reasonably believes the employee has caused or contributed to the injury. Job applicants. An employer with a drug-free workplace program must require job applicants to submit to a drug test after extending an offer of employment. The employer may use a refusal to submit to a drug test or a verified positive test as a basis for not hiring the job applicant. Test results. Within five working days after receipt of a verified positive test result from the laboratory, an employer must inform an employee or job applicant in writing of the positive test result, the consequences of the result, and the options available to the employee or job applicant. A first-time verified positive test result may not be used as a basis to terminate an employee's employment, but a second verified positive drug or alcohol test result may be the basis for termination. Also, any violation of employer rules pertaining to alcohol and drugs after the first verified positive drug or alcohol test may result in termination. Washington's drug-free workplace law does not prevent an employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, including convictions for drug-related offenses, and taking action based upon a violation of any of those rules.

Drug and Alcohol Testing in Wisconsin    choose another state

Wisconsin law contains no general provision related to drug/alcohol testing.

Drug and Alcohol Testing in West Virginia    choose another state

West Virginia law contains no general provision related to drug/alcohol testing, but there is a drug testing law for all correctional employees. All prospective correctional employees must pass a preemployment drug screening prior to being hired.

Drug and Alcohol Testing in Wyoming    choose another state

Wyoming law contains no general provision related to drug/alcohol testing. Effective July 1, 2006, a workers' compensation premium discount is available to employers complying with a drug and alcohol testing program.

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